Living Wills

Although there is no short answer to why someone needs to make a Living Will (now called an Advance Decision) simply because of having a Tremor. There are all sorts of good reasons for wanting to make an Advance Decision but not that particular one.

Advance Decision

The Mental Capacity Act came into force in 2007. This effectively replaced the term Living Will with the new title “Advance Decision”.

Advance Decision Limits

An Advance Decision can, within limits, set out these sorts of decisions in writing whilst the person making the decisions still has the mental capacity and those decisions will be respected.

There are, however, Advance Decision cannot:-

1. Give you the legal right to the treatment that you want.

2. Stop you from being detained in hospital under the Mental Health Act.

3. Stop certain treatment from being given to you if you are detained under the Mental Health Act.

If I suffer from tremor, an Advance Decision can:-

1. Tell people about medical treatment you don’t want to have when you become unwell.

2. Create a legally binding document when you have capacity (well and able to make decisions and give clear reasons for those decisions) to refuse specific medical treatment, for a time in the future when you may lack mental capacity to consent or refuse that treatment.

3. Refuse treatment for a physical or mental disorder.

Power of Attorney

The new Enduring Powers of Attorney are referred to as Lasting Powers of Attorney.

Introduction of A Lasting Power of Attorney can also regulate personal welfare issues.

You can stipulate what decisions your Attorney can make on your behalf concerning medical treatment.

An Attorney can for instance be appointed to sign medical consent forms for surgery etc.

The Power can be revoked at any time providing you still have mental capacity.

The Power must be registered and the fee paid. The Attorney must at all times act in your best interests and in accordance with your last known wishes.

More Information

Anyone wishing to access more information on Lasting Powers of Attorney or obtain forms can contact the Office of the Public Guardian at P.O. Box 15118 Birmingham B16 6GX(tel. no. 08453302900 or visit www.publicguardian.gov.uk

For more useful information and guidance please refer to this NHS leaflet.